Stainless Steel Sheet and Strip in Coils From Italy: Preliminary Results of the Full Second Five-Year (“Sunset”) Review of the Antidumping Duty Order, 81214-81217 [2010-32476]
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calculates an assessment rate for each
importer of the subject merchandise for
each respondent. Upon issuance of the
final results of this administrative
review, if any importer-specific
assessment rates calculated in the final
results are above de minimis (i.e., at or
above 0.5 percent), the Department will
issue appraisement instructions directly
to CBP to assess antidumping duties on
appropriate entries.
To determine whether the duty
assessment rates covering the period
were de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we
calculated importer (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to that importer or customer
and dividing this amount by the total
entered value of the sales to that
importer (or customer). Where an
importer (or customer)-specific ad
valorem rate is greater than de minimis,
and the respondent has reported reliable
entered values, we apply the assessment
rate to the entered value of the
importer’s/customer’s entries during the
review period. Where an importer (or
customer)-specific ad valorem rate is
greater than de minimis and we do not
have reliable entered values, we
calculate a per-unit assessment rate by
aggregating the dumping duties due for
all U.S. sales to each importer (or
customer) and dividing this amount by
the total quantity sold to that importer
(or customer).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the respondent for which
it did not know its merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of the final results of this
administrative review for all shipments
of pasta from Italy entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
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for by section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act): (1) If the
exporter is not a firm covered in this
review, but was covered in a previous
review or the original less-than-fairvalue (LTFV) investigation, the cash
deposit rate will continue to be the
company-specific rate established for
the most recent period; (2) if the
exporter is not a firm covered in this
review, a prior review, or the LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the subject
merchandise; and (3) if neither the
exporter nor the manufacturer is a firm
covered by this review, a prior review,
or the LTFV investigation, the cash
deposit rate will be 15.45 percent, the
all-others rate established in the Section
129 determination. See Implementation
of the Findings of the WTO Panel in
US—Zeroing (EC): Notice of
Determinations Under Section 129 of
the Uruguay Round Agreements Act and
Revocations and Partial Revocations of
Certain Antidumping Duty Orders, 72
FR 25261 (May 4, 2007). These cash
deposit requirements shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(5). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
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Dated: December 14, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Issues and Decision
Memorandum
Comment 1: Use of Quarterly Cost
Methodology for Garofalo
Comment 2: Whether the Department Should
Include Transportation Recovery in the
U.S. Sales Calculation
Comment 3: Whether the Department Should
Modify its Liquidation Instructions to U.S.
Customs and Border Protection
Comment 4: General and Administrative and
Financial Expense Ratios
[FR Doc. 2010–32473 Filed 12–23–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–824]
Stainless Steel Sheet and Strip in Coils
From Italy: Preliminary Results of the
Full Second Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the
Department of Commerce (‘‘the
Department’’) initiated its second sunset
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Italy, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The Department is conducting a
full sunset review of the order pursuant
to 751(c) of the Act and 19 CFR
351.218(e)(2)(i). As a result of this
sunset review, the Department
preliminarily finds that revocation of
the antidumping duty order on stainless
steel sheet and strip in coils from Italy
would be likely to lead to continuation
or recurrence of dumping.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Angelica Mendoza,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0408, or (202)
482–3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 2, 2010, the Department
published the notice of initiation of the
sunset review of the antidumping duty
order on stainless steel sheet and strip
(‘‘SSSS’’) in coils from Italy, pursuant to
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section 751(c) the Act. See Initiation of
Five-Year (‘‘Sunset’’) Review, 75 FR
30777 (June 2, 2010) (‘‘Notice of
Initiation’’).
The Department received a notice of
intent to participate in the sunset review
of the antidumping duty order on SSSS
in coils from Italy from the following
petitioners: AK Steel Corporation;
Allegheny Ludlum Corporation; North
American Stainless; the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial Service Workers International
Union; United Auto Workers Local
3303; and United Auto Workers Local
4104 (collectively, ‘‘petitioners’’ or
‘‘domestic interested parties’’) within the
deadline specified in 19 CFR
351.218(d)(1)(i). The petitioners claimed
interested party status under section
771(9)(C) and (D) of the Act stating that
its individual members are each
producers in the United States of a
domestic like product or certified
unions representing workers in the
domestic industry producing subject
merchandise.
The Department received a
substantive response to the Notice of
Initiation from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).
The Department also received a timely
substantive response from respondent
interested party ThyssenKrupp Acciai
Speciali Terni S.P.A. (‘‘TKAST’’) within
the applicable deadline specified in 19
CFR 351.218(d)(3)(i).1
On July 6, 2010, the Department
received a request from domestic
interested parties for an extension of the
deadline for filing rebuttal comments to
the substantive responses submitted by
the respondent. Pursuant to 19 CFR
351.302(b), domestic interested parties
and the respondent were granted an
extension to file rebuttal comments to
the substantive responses until July 9,
2010. On July 9, 2010, the Department
received rebuttal comments to the
substantive responses from the domestic
interested parties and the respondent.
Section 351.218(e)(1)(ii)(A) of the
Department’s regulations provides that
the Secretary normally will conclude
that respondent interested parties have
provided adequate response to a notice
of initiation where it receives complete
substantive responses from respondent
interested parties accounting on average
for more than 50 percent, by volume (or
value basis, if appropriate), of the total
exports of the subject merchandise to
the United States over the five calendar
years preceding the year of publication
1 Domestic interested parties and the respondent
filed substantive responses on July 2, 2010.
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of the notice of initiation. On July 22,
2010, the Department determined that
domestic interested parties’ and
TKAST’s responses constituted
adequate responses to the notice of
initiation. In accordance with 19 CFR
351.218(e)(2)(i), the Department
determined to conduct a full sunset
review of this antidumping duty order
and notified the International Trade
Commission. See Letter to Ms. Catherine
DeFilippo, Director, Office of
Investigations, U.S. International Trade
Commission, from James Maeder,
Director, Office 2, AD/CVD Operations,
entitled ‘‘Expedited and Full Sunset
Reviews of the Antidumping Duty
Orders Initiated in June 2010,’’ dated
July 22, 2010.
On September 23, 2010, the
Department extended the deadlines for
both the preliminary and final results of
this review by 90 days. See Certain
Stainless Steel Sheet and Strip in Coils
from Italy and Mexico: Extension of
Time Limits for Preliminary and Final
Results of Full Five-year (‘‘Sunset’’)
Reviews of Antidumping Duty Orders,
75 FR 57899 (September 23, 2010).
Scope of the Order
For purposes of the order, the
products covered are certain stainless
steel sheet and strip in coils. Stainless
steel is an alloy steel containing, by
weight, 1.2 percent or less of carbon and
10.5 percent or more of chromium, with
or without other elements. The subject
sheet and strip is a flat-rolled product in
coils that is greater than 9.5 mm in
width and less than 4.75 mm in
thickness, and that is annealed or
otherwise heat treated and pickled or
otherwise descaled. The subject sheet
and strip may also be further processed
(e.g., cold-rolled, polished, aluminized,
coated, etc.) provided that it maintains
the specific dimensions of sheet and
strip following such processing. The
merchandise subject to the order is
currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTS’’) at subheadings: 7219.13.00.31,
7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
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7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60,
7220.90.00.80.
Although the HTS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise subject
to the order is dispositive. Excluded
from the scope of the order are the
following: (1) Sheet and strip that is not
annealed or otherwise heat treated and
pickled or otherwise descaled; (2) sheet
and strip that is cut to length, (3) plate
(i.e., flat-rolled stainless steel products
of a thickness of 4.75 mm or more), (4)
flat wire (i.e., cold-rolled sections, with
a prepared edge, rectangular in shape, of
a width of not more than 9.5 mm, and
(5) razor blade steel. Razor blade steel is
a flat-rolled product of stainless steel,
not further worked than cold-rolled
(cold-reduced), in coils, of a width of
not more than 23 mm and a thickness
of 0.266 mm or less, containing, by
weight, 12.5 to 14.5 percent chromium,
and certified at the time of entry to be
used in the manufacture of razor blades.
See Chapter 72 of the HTS, ‘‘Additional
U.S. Note’’ 1(d). Flapper valve steel is
also excluded from the scope of the
order. This product is defined as
stainless steel strip in coils containing,
by weight, between 0.37 and 0.43
percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20
and 0.80 percent manganese. This steel
also contains, by weight, phosphorus of
0.025 percent or less, silicon of between
0.20 and 0.50 percent, and sulfur of
0.020 percent or less. The product is
manufactured by means of vacuum arc
remelting, with inclusion controls for
sulphide of no more than 0.04 percent
and for oxide of no more than 0.05
percent. Flapper valve steel has a tensile
strength of between 210 and 300 ksi,
yield strength of between 170 and 270
ksi, plus or minus 8 ksi, and a hardness
(Hv) of between 460 and 590. Flapper
valve steel is most commonly used to
produce specialty flapper valves in
compressors. Also excluded is a product
referred to as suspension foil, a
specialty steel product used in the
manufacture of suspension assemblies
for computer disk drives. Suspension
foil is described as 302/304 grade or 202
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grade stainless steel of a thickness
between 14 and 127 microns, with a
thickness tolerance of plus-or-minus
2.01microns, and surface glossiness of
200 to 700 percent Gs. Suspension foil
must be supplied in coil widths of not
more than 407 mm, and with a mass of
225 kg or less. Roll marks may only be
visible on one side, with no scratches of
measurable depth. The material must
exhibit residual stresses of 2 mm
maximum deflection, and flatness of 1.6
mm over 685 mm length. Certain
stainless steel foil for automotive
catalytic converters is also excluded
from the scope of the order. This
stainless steel strip in coils is a specialty
foil with a thickness of between 20 and
110 microns used to produce a metallic
substrate with a honeycomb structure
for use in automotive catalytic
converters. The steel contains, by
weight, carbon of no more than 0.030
percent, silicon of no more than 1.0
percent, manganese of no more than 1.0
percent, chromium of between 19 and
22 percent, aluminum of no less than
5.0 percent, phosphorus of no more than
0.045 percent, sulfur of no more than
0.03 percent, lanthanum of less than
0.002 or greater than 0.05 percent, and
total rare earth elements of more than
0.06 percent, with the balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of the order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’ 2
Certain electrical resistance alloy steel
is also excluded from the scope of the
order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials (ASTM) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36’’.3
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of the order.
This high-strength, ductile stainless
steel product is designated under the
Unified Numbering System (UNS) as
S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17’’.4
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of the order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).5 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
5 This list of uses is illustrative and provided for
descriptive purposes only.
3 ‘‘Gilphy
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’ 6 Also excluded from
the order is a permanent magnet ironchromium-cobalt stainless steel strip
containing, by weight, 13 percent
chromium, 6 percent cobalt, 71 percent
iron, 6 percent nickel and 4 percent
molybdenum. The product is supplied
in widths up to 1.27 cm (12.7 mm),
inclusive, with a thickness between 45
and 75 microns, inclusive. This product
exhibits magnetic remanence between
400 and 780 nWb, and coercivity of
between 60 and 100 oersteds. This
product is currently supplied under the
trade name ‘‘SemiVac 90.’’
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the
Preliminary Results of the Full FiveYear (‘‘Sunset’’) Review of the
Antidumping Duty Order on Stainless
Steel Sheet and Strip in Coils from Italy’’
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration
(‘‘Decision Memorandum’’), which is
hereby adopted by, and issued
concurrently with, this notice. The
issues discussed in the Decision
Memorandum are the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the order is revoked. Parties
can find a complete discussion of all
issues raised in this review and the
corresponding recommendations in this
public memorandum which is on file in
the Central Records Unit, room 7046 of
the main Department building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Preliminary Results of Review
We preliminarily determine that
revocation of the antidumping duty
order on SSSS in coils from Italy would
be likely to lead to continuation or
recurrence of dumping at the following
weighted-average percentage margins:
4 ‘‘Durphynox
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
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6 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
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Weighted-Average
margin
(percent)
Manufacturers/Exporters/Producers
TKAST ...................................................................................................................................................................................
All Others ...............................................................................................................................................................................
Any interested party may request a
hearing within 30 days of publication of
this notice in accordance with 19 CFR
351.310(c). Consistent with 19 CFR
351.310(d)(1), any hearing, if requested,
will generally be held two days after the
scheduled date for submission of
rebuttal briefs, in accordance with 19
CFR 351.309(d). Interested parties may
submit case briefs no later than 50 days
after the date of publication of these
preliminary results of review, in
accordance with 19 CFR
351.309(c)(1)(i). Rebuttal briefs, which
must be limited to issues raised in the
case briefs, may be filed not later than
five days after the time limit for filing
the case brief, unless the Secretary alters
this time limit. 19 CFR 351.309(d). The
Department will issue a notice of final
results of this sunset review, which will
include the results of its analysis of
issues raised in any such briefs, no later
than April 28, 2011.
This five-year (‘‘sunset’’) review and
notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: December 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–32476 Filed 12–23–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–423–809]
Stainless Steel Plate in Coils From
Belgium: Preliminary Results of Full
Sunset Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the
Department of Commerce (‘‘the
Department’’) initiated the second
sunset review of the countervailing duty
(‘‘CVD’’) order on certain stainless steel
plate in coils from Belgium (‘‘subject
merchandise’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’). On the basis of a
notice of intent to participate and an
adequate substantive response filed on
behalf of the domestic interested parties
and adequate substantive responses
from ArcelorMittal Stainless Belgium
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AGENCY:
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N.V. (‘‘AMS’’) and the Government of
Belgium (‘‘GOB’’), the Department
determined to conduct a full sunset
review of the CVD order pursuant to
section 751(c) of the Act and 19 CFR
351.218(e)(2). As a result of our
analysis, the Department preliminarily
finds that revocation of the CVD order
would likely lead to continuation or
recurrence of a countervailable subsidy.
DATES: Effective Date: December 27,
2010.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro or David
Neubacher, AD/CVD Operations, Office
1, Import Administration, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–0238 or (202) 482–5823.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department
initiated the second sunset review of the
CVD order on stainless steel plate in
coils (‘‘SSPC’’) from Belgium in
accordance with section 751(c) of the
Act. See Initiation of Five-Year
(‘‘Sunset’’) Review, 75 FR 30777 (June 2,
2010).
Within the deadline specified in 19
CFR 351.218(d)(1)(i), the Department
received notices of intent to participate
on behalf of Allegheny Ludlum
Corporation and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union
(collectively, ‘‘Petitioners’’). The
submitters claimed interested party
status under sections 771(9)(C) and (D)
of the Act, as a manufacturer of a
domestic like product and as a certified
union representing workers in the
domestic industry producing certain
SSPC, respectively. The Department
received a substantive response from
Petitioners within the deadline
specified in 19 CFR 351.218(d)(3)(i).
The Department also received
substantive responses in a timely
manner from the following respondent
interested parties: AMS and the GOB
(collectively, ‘‘Respondents’’). Timely
rebuttal comments were received from
Petitioners and Respondents on July 9,
2010. On July 22, 2010, after analyzing
the submissions and rebuttals from
interested parties and finding the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
81217
2.11
2.11
substantive responses adequate, the
Department determined to conduct a
full sunset review. See Memorandum
from Yasmin Nair, International Trade
Compliance Analyst, to Susan H.
Kuhbach, Director, AD/CVD Operations,
Office 1, entitled ‘‘Adequacy
Determination in Countervailing Duty
Sunset Review of Certain Stainless Steel
Plate in Coils from Belgium,’’ dated July
22, 2010.
On September 24, 2010, the
Department published in the Federal
Register an extension of the time limit
for the completion of the preliminary
results of this sunset review until no
later than December 20, 2010, as
permitted by section 751(c)(5)(B) of the
Act. See Stainless Steel Plate in Coils
from Belgium: Extension of Time Limits
for Preliminary and Final Results of Full
Five-Year (‘‘Sunset’’) Review of
Countervailing Duty Order, 75 FR 58351
(September 24, 2010).
On November 23, 2010, the GOB, at
the request of the Department, placed on
the record a verification report from the
CVD investigation of SSPC from
Belgium, which the GOB cited in its
substantive response. See GOB’s
November 23, 2010, submission.
Scope of the Order
The products covered by the order are
imports of certain stainless steel plate in
coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject plate products are
flat-rolled products, 254 mm or over in
width and 4.75 mm1 or more in
1 On May 11, 2007, the Department received a
scope inquiry request from U&A Belgium regarding
whether the scope of the orders on SSPC from
Belgium excludes stainless steel products with an
actual thickness less than 4.75mm, regardless of its
nominal thickness. The Department conducted a
scope inquiry applicable to all countries subject to
the SSPC antidumping and CVD orders. In the
Department’s scope ruling, dated December 3, 2008,
the Department determined that SSPC with a
nominal thickness of 4.75mm, but with an actual
thickness less than 4.75mm, and within the
dimensional tolerances for this thickness of plate,
is included in the scope of the antidumping duty
orders on SSPC from Belgium, Italy, South Africa,
the Republic of Korea, and Taiwan and CVD orders
on SSPC from Belgium and South Africa. See
Memorandum from Melissa G. Skinner to Stephen
J. Claeys, entitled ‘‘Stainless Steel Plate in Coils
from Belgium: Final Scope Ruling,’’ dated December
3, 2008.
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81214-81217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32476]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-824]
Stainless Steel Sheet and Strip in Coils From Italy: Preliminary
Results of the Full Second Five-Year (``Sunset'') Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (``the
Department'') initiated its second sunset review of the antidumping
duty order on stainless steel sheet and strip in coils from Italy,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act''). The Department is conducting a full sunset review of the order
pursuant to 751(c) of the Act and 19 CFR 351.218(e)(2)(i). As a result
of this sunset review, the Department preliminarily finds that
revocation of the antidumping duty order on stainless steel sheet and
strip in coils from Italy would be likely to lead to continuation or
recurrence of dumping.
FOR FURTHER INFORMATION CONTACT: David Cordell or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0408, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department published the notice of initiation
of the sunset review of the antidumping duty order on stainless steel
sheet and strip (``SSSS'') in coils from Italy, pursuant to
[[Page 81215]]
section 751(c) the Act. See Initiation of Five-Year (``Sunset'')
Review, 75 FR 30777 (June 2, 2010) (``Notice of Initiation'').
The Department received a notice of intent to participate in the
sunset review of the antidumping duty order on SSSS in coils from Italy
from the following petitioners: AK Steel Corporation; Allegheny Ludlum
Corporation; North American Stainless; the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial Service
Workers International Union; United Auto Workers Local 3303; and United
Auto Workers Local 4104 (collectively, ``petitioners'' or ``domestic
interested parties'') within the deadline specified in 19 CFR
351.218(d)(1)(i). The petitioners claimed interested party status under
section 771(9)(C) and (D) of the Act stating that its individual
members are each producers in the United States of a domestic like
product or certified unions representing workers in the domestic
industry producing subject merchandise.
The Department received a substantive response to the Notice of
Initiation from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i). The Department also
received a timely substantive response from respondent interested party
ThyssenKrupp Acciai Speciali Terni S.P.A. (``TKAST'') within the
applicable deadline specified in 19 CFR 351.218(d)(3)(i).\1\
---------------------------------------------------------------------------
\1\ Domestic interested parties and the respondent filed
substantive responses on July 2, 2010.
---------------------------------------------------------------------------
On July 6, 2010, the Department received a request from domestic
interested parties for an extension of the deadline for filing rebuttal
comments to the substantive responses submitted by the respondent.
Pursuant to 19 CFR 351.302(b), domestic interested parties and the
respondent were granted an extension to file rebuttal comments to the
substantive responses until July 9, 2010. On July 9, 2010, the
Department received rebuttal comments to the substantive responses from
the domestic interested parties and the respondent.
Section 351.218(e)(1)(ii)(A) of the Department's regulations
provides that the Secretary normally will conclude that respondent
interested parties have provided adequate response to a notice of
initiation where it receives complete substantive responses from
respondent interested parties accounting on average for more than 50
percent, by volume (or value basis, if appropriate), of the total
exports of the subject merchandise to the United States over the five
calendar years preceding the year of publication of the notice of
initiation. On July 22, 2010, the Department determined that domestic
interested parties' and TKAST's responses constituted adequate
responses to the notice of initiation. In accordance with 19 CFR
351.218(e)(2)(i), the Department determined to conduct a full sunset
review of this antidumping duty order and notified the International
Trade Commission. See Letter to Ms. Catherine DeFilippo, Director,
Office of Investigations, U.S. International Trade Commission, from
James Maeder, Director, Office 2, AD/CVD Operations, entitled
``Expedited and Full Sunset Reviews of the Antidumping Duty Orders
Initiated in June 2010,'' dated July 22, 2010.
On September 23, 2010, the Department extended the deadlines for
both the preliminary and final results of this review by 90 days. See
Certain Stainless Steel Sheet and Strip in Coils from Italy and Mexico:
Extension of Time Limits for Preliminary and Final Results of Full
Five-year (``Sunset'') Reviews of Antidumping Duty Orders, 75 FR 57899
(September 23, 2010).
Scope of the Order
For purposes of the order, the products covered are certain
stainless steel sheet and strip in coils. Stainless steel is an alloy
steel containing, by weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements. The
subject sheet and strip is a flat-rolled product in coils that is
greater than 9.5 mm in width and less than 4.75 mm in thickness, and
that is annealed or otherwise heat treated and pickled or otherwise
descaled. The subject sheet and strip may also be further processed
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that
it maintains the specific dimensions of sheet and strip following such
processing. The merchandise subject to the order is currently
classified in the Harmonized Tariff Schedule of the United States
(``HTS'') at subheadings: 7219.13.00.31, 7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60,
7220.90.00.80.
Although the HTS subheadings are provided for convenience and
customs purposes, the Department's written description of the
merchandise subject to the order is dispositive. Excluded from the
scope of the order are the following: (1) Sheet and strip that is not
annealed or otherwise heat treated and pickled or otherwise descaled;
(2) sheet and strip that is cut to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of 4.75 mm or more), (4) flat
wire (i.e., cold-rolled sections, with a prepared edge, rectangular in
shape, of a width of not more than 9.5 mm, and (5) razor blade steel.
Razor blade steel is a flat-rolled product of stainless steel, not
further worked than cold-rolled (cold-reduced), in coils, of a width of
not more than 23 mm and a thickness of 0.266 mm or less, containing, by
weight, 12.5 to 14.5 percent chromium, and certified at the time of
entry to be used in the manufacture of razor blades. See Chapter 72 of
the HTS, ``Additional U.S. Note'' 1(d). Flapper valve steel is also
excluded from the scope of the order. This product is defined as
stainless steel strip in coils containing, by weight, between 0.37 and
0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and
between 0.20 and 0.80 percent manganese. This steel also contains, by
weight, phosphorus of 0.025 percent or less, silicon of between 0.20
and 0.50 percent, and sulfur of 0.020 percent or less. The product is
manufactured by means of vacuum arc remelting, with inclusion controls
for sulphide of no more than 0.04 percent and for oxide of no more than
0.05 percent. Flapper valve steel has a tensile strength of between 210
and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8
ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is
most commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a specialty
steel product used in the manufacture of suspension assemblies for
computer disk drives. Suspension foil is described as 302/304 grade or
202
[[Page 81216]]
grade stainless steel of a thickness between 14 and 127 microns, with a
thickness tolerance of plus-or-minus 2.01microns, and surface
glossiness of 200 to 700 percent Gs. Suspension foil must be supplied
in coil widths of not more than 407 mm, and with a mass of 225 kg or
less. Roll marks may only be visible on one side, with no scratches of
measurable depth. The material must exhibit residual stresses of 2 mm
maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain
stainless steel foil for automotive catalytic converters is also
excluded from the scope of the order. This stainless steel strip in
coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of the order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as ``Arnokrome III.'' \2\
---------------------------------------------------------------------------
\2\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of the order. This product is defined as a non-magnetic stainless
steel manufactured to American Society of Testing and Materials (ASTM)
specification B344 and containing, by weight, 36 percent nickel, 18
percent chromium, and 46 percent iron, and is most notable for its
resistance to high temperature corrosion. It has a melting point of
1390 degrees Celsius and displays a creep rupture limit of 4 kilograms
per square millimeter at 1000 degrees Celsius. This steel is most
commonly used in the production of heating ribbons for circuit breakers
and industrial furnaces, and in rheostats for railway locomotives. The
product is currently available under proprietary trade names such as
``Gilphy 36''.\3\
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\3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of the order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13
percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17''.\4\
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\4\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of the order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\5\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.'' \6\ Also excluded from the order is a
permanent magnet iron-chromium-cobalt stainless steel strip containing,
by weight, 13 percent chromium, 6 percent cobalt, 71 percent iron, 6
percent nickel and 4 percent molybdenum. The product is supplied in
widths up to 1.27 cm (12.7 mm), inclusive, with a thickness between 45
and 75 microns, inclusive. This product exhibits magnetic remanence
between 400 and 780 nWb, and coercivity of between 60 and 100 oersteds.
This product is currently supplied under the trade name ``SemiVac 90.''
---------------------------------------------------------------------------
\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
``Issues and Decision Memorandum for the Preliminary Results of the
Full Five-Year (``Sunset'') Review of the Antidumping Duty Order on
Stainless Steel Sheet and Strip in Coils from Italy'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration (``Decision Memorandum''), which is hereby
adopted by, and issued concurrently with, this notice. The issues
discussed in the Decision Memorandum are the likelihood of continuation
or recurrence of dumping and the magnitude of the margins likely to
prevail if the order is revoked. Parties can find a complete discussion
of all issues raised in this review and the corresponding
recommendations in this public memorandum which is on file in the
Central Records Unit, room 7046 of the main Department building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Preliminary Results of Review
We preliminarily determine that revocation of the antidumping duty
order on SSSS in coils from Italy would be likely to lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
[[Page 81217]]
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers margin (percent)
------------------------------------------------------------------------
TKAST............................................ 2.11
All Others....................................... 2.11
------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310(c).
Consistent with 19 CFR 351.310(d)(1), any hearing, if requested, will
generally be held two days after the scheduled date for submission of
rebuttal briefs, in accordance with 19 CFR 351.309(d). Interested
parties may submit case briefs no later than 50 days after the date of
publication of these preliminary results of review, in accordance with
19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to
issues raised in the case briefs, may be filed not later than five days
after the time limit for filing the case brief, unless the Secretary
alters this time limit. 19 CFR 351.309(d). The Department will issue a
notice of final results of this sunset review, which will include the
results of its analysis of issues raised in any such briefs, no later
than April 28, 2011.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: December 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-32476 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P
